Canada’s genetic discrimination bill: what are the implications for employers?

Bill S-201, An Act to prohibit and prevent genetic discrimination proposes to make important amendments to federal legislation, specifically, the Canada Labour Code, RSC 1985, c L-2 (the “CLC”) and the Canadian Human Rights Act, RSC 1985, c H-6 (the “CHRA”).

In addition to the amendments to the CLC and the CHRA, the bill also proposes to introduce general prohibitions which will create a series of new offences and punishments for genetic discrimination in contracts and in the provision of goods and services.

In an interview with Benefits Canada magazine, DLA Piper (Canada) LLP’s Jennifer Stewart discusses the implications for Canadian employers and employees if the bill is passed.

“It could come up in cases where employers ask employees or people they are thinking of hiring to take a medical exam as a condition of being hired,” Jennifer says. “It could come up in workplace injury cases and in cases of illnesses or absences where an employee might be on an extended leave or have multiple absences.”

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